Starting a business in Cameroon in 2021: Acte1

The administrative steps are an important stage at the time of the creation of an enterprise. Contrary to what one believes they are simple enough, rapids and little expensive. But you must fill some forms, to provide the justifying. Some formalities seem therefore trying but with the good advice and a good organization, this stage should not appear there you simpler than it decorated. Some steps can be made through the intermediary of the CFCE, (Center of Formalities of Creation of enterprises) others are to make by your own means. Some are obligatory, of optional others (although advisable).

The different presented below stages apply in particular for the societies, and no for the GIC groupings, GIE. The stops as the choice of the name of the enterprise must be made also beforehand.

1-choice of the legal shape and the sector of activity



THE DIFFERENT LEGAL SHAPES



The starting point of the project of creation of enterprise is the choice of the legal shape. For the societies, several of them exist :

    SC (simple limited partnership Society)
    LIMITED LIABILITY COMPANY (Society to limited responsibility)
    Corporation (HIS/HER/ITS)
    Society by simplified actions (SIEVE)
    Society by actions simplified impersonal (SASU)

The number of partners, the fiscal régime, the social régime, the contribution in social capital and the degree of responsibility opposite the enterprise (separation of the personal and professional heritage) won't be the same according to the chosen legal statute. We counsel in this choice.

Some steps are going to depend on your legal statute and your domain of activity. For example, if your activity is regulated and require a license to be exercised, you must obtain this license.

2-write the statutes of the enterprise



If you opt for a society, the writing of the statutes is one of the first administrative steps to do. The statutes are the set of the rules that permits the working of the enterprise. They must be written inevitably in writing, and to contain the following information concerning the enterprise :

    -His/her/its legal shape
    -The address of the head office
    -The amount of the social capital
    -Every partner's contributions (or shareholder)
    -The object (main activities of the enterprise)
    -His/her/its life span

You can choose to write your statutes yourselves very well but we rather counsel you to make accompany you for this stage. All oblivion or mistake could penalize your enterprise and all future modification of the statutes will be invoiced you. We accompany in this stage.

3-the social capital deposit




THE SOCIAL CAPITAL, THAT IT IS?
The social capital is the set of the contributions in cash (that is in liquidities) and contributions in nature and in industry (buildings, patents.) that the creditors of the society (shareholders or partners) place at disposal. He/it permits to constitute the clean heritage of the society and to fix the distribution of the powers (the rights to vote to the general assemblies are function of the contributions in social capital of every creditor of the society)

THE AMOUNT OF THE DEPOSIT
The deposit concerns the contributions in cash, that are sums of money contrary to the contributions in nature and industry solely. The amount is inevitably registered in the statutes of the society, and it will be declared at the time of the consignment of your file to the Transplants (to see lower).

The minimum amount to deposit varies according to the legal statute of the society. He/it is of :

   -No amount mimimum for the SIEVES (free minimum capital)
    -100 000 XAF for the LIMITED LIABILITY COMPANY, SASU
    -10 000 000 XAF for the HIS/HER/ITS

The social capital can be to deposit as check (emitted by an establishment domiciled in Cameroon), species or bank transfer at:

   -a bank
    -a notary

THE DOCUMENTS TO TO PROVIDE TO DEPOSIT THE SOCIAL CAPITAL
The depository (bank, notary) will ask you to provide him the following documents:

   -the proof of identity of the depositor and the other partners or shareholders of the society
    -the list of the subscribers
    -the statutes of the society
    -the address of the head office
    -the address of the representative legal of the society
    -the demand of deposit in conformity with the proposed model
    -the regulation of the deposit and an attestation indicating the source of funds

TO WHAT MOMENT FUNDS ARE UNBLOCKED?
Once the done (to see lower) registration, you will be able to use the set down funds, that will be transferred on an account of the enterprise freely.

4-L'envoi of your file to the Transplants to get the registration of the enterprise to the Register of Trade




EXPERTISES OF THE TRANSPLANTS THE COURT OF BIG INTANCE
To THE CONTINUATION OF THE CONSIGNMENT OF YOUR FILE TO THE TRANSPLANTS, YOU will GET THE ENROLLMENT TO THE REGISTER OF THE TRADE (RCCM) AND THE REGISTRATION OF YOUR ENTERPRISE, EC to BE-TO-SAY HIS/HER/ITS ADMINISTRATIVE BIRTH, THAT will BE CONCRETIZED BY YOUR Attestation of registration to the register of trade and the movable credit (RCCM).
It is about the only official document that proves the registration of your enterprise.

THE ORGANISMS THAT ARE IN CHARGE OF THE CONSIGNMENT OF YOUR FILE
The consignment of the file to the Transplants makes itself necessarily via an organism as The Center of Formalities of Creation of the Enterprises (CFCE) or WAT&CO through our partners notaries. You must inevitably provide them the following documents:

    -A demand
    -A copy of the birth certificate
    -A photocopy of the marriage act if the case arises
    -A declaration on honor being part of the unique form signed by the claimant and attesting that he/it is not hit of any interdiction to exercise trade / an excerpt of police record (a stranger should also provide an excerpt of police record emanating the authorities of his/her/its country or all other document while holding place)
    -A declaration on honor being part of the unique form attesting the plaintiff's residence
    -In case of acquirement of a fund or renting - management, a copy of the act of acquirement or the act of renting management
    -A copy of the title deed or lease of the main establishment, if the case arises
    -A plan of localization signed by the plaintiff

TOWARD A SIMPLIFICATION OF THE ADMINISTRATIVE STEPS SINCE 2016
Since 2016, the CFCE has been endowed indeed and he has for goal to simplify the creation of enterprise in Cameroon. To make itself/themselves, he/it acts as unique interface and regroup all taking parts of the creation of enterprise, in this sense that he/it offers the possibility to fill the formalities of all administrations implied in the process of creation of enterprises in only one place
To 5-publish a legal announcement

IS IT OBLIGATORY TO PUBLISH A LEGAL ANNOUNCEMENT?
In the case of a creation of society, it is obligatory to publish a legal announcement. He/it is asked you to make it after having gotten the registration of the enterprise. The announcement must be published to Cameroon Tribune.

WHAT IS NECESSARY TO SPECIFY IN A LEGAL ANNOUNCEMENT?
A legal announcement must contain the following elements :

   -the social denomination
    -the acronym
    -the legal statute
    -the amount of the social capital
    -the address of domiciliation
    -the social object
    -the length of the society
    -the indication of the transplants the court where the society is registered
    -the names and addresses of the bound partners indefinitely of the social debts
    -the names and addresses of the partners or third having manager's statute, administrator, president of the board of directors, general manager, member of the board of directors, member of the surveillance advice or commissioner to the accounts
    -the names and domiciles of people having the general power to hire the society towards third

6-the information of the on line coordinates to get the registration of the enterprise to the taxpayer's Register



Since April 1st, 2020, the obtaining of Number of identifying fiscal Unique (NIU) is henceforth possible on line from the www.impots.cm address. Registration allows the taxpayer to have access to some services or operations that are connected to his/her/its number of identifying unique. The delivery of the registration attestation is free.

7-L'activation of the enterprise in the center of the taxes




After the obtaining of your enrollment attestation in the RCCM (point 4), and your attestation of enrollment to the taxpayer's register (Unique identification Number: NIU) you will start the steps in the center of taxes of your locality. He/it will be asked you :

   -A plan of localization
    -Your N° of RCCM
    -A photocopy of the CNI certified
    -A photocopy of your NIU attestation
    -A fundamental tax receipt for an owner or a registration contract of lease for a tenant.

This file will allow you to get the attestation of exoneration to the patent. The amount to adjust is composed of the following manner :

   -Registration of the lease, to 10% of the amount of the yearly lease declared by a promoter tenant or
    -0,11% of the value declared of the building, for an entrepreneur owner
    -The expenses of displacement for the agent of the taxes that will come to localize the site of the structure.
    -Deduction on rent to 15% of the amount of the yearly lease declared by a promoter tenant if the lessor didn't make it

8-adhere to a case of retirement of salaried employees to facilitate the future enrollments



In order to facilitate the potential future enrollments, it can be applicable to adhere to a case of retirement of salaried employees.

For it the pieces to provide are the following :

    Taxpayer's card
    The patent
    A plan and an attestation of localization
    A photocopy of registration to the Register of the Trade and Movable Credit
    A receipt of the tax of payment of the fundamental tax

According to your activity you will receive either one :

    Attestation for CNPS submissiveness
    Attestation of no-use of the staff paid in the CNPS

OFFICIAL COSTS OF THE BENEFITS FOR THE CREATION OF AN ENTERPRISE AT WAT&CO

    -A patent (exempt during the first year)
    -Unique identification number (free) ;
    -Registration to the register of the trade and the movable credit; 51 500 FCFA for a moral person; 41 500 FCFA for a physical person (Co).
    -Registration of the lease differed of 03 months
    -Deduction on rent if the lessor didn't make it.
    -CNPS registration
    -Writing of the statutes
    -Remittance of the Capital
    -Expenses of legal announcement 13.500 FCFA and expenses of stamp (dependent of number of the pages of the statute)

NB: he/it is to noted that these amounts depend on the type, of the sector and the legal statute to choose.

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